O'Brien v. O'Brien
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Suit by Mary O’Brien against John O’Brien for a divorce because of alleged cruel and inhuman treatment rendering life burdensome, under Hill’s Ann. Laws, § 495, subd. 6. Defendant appealed from the decree. After the appeal had been perfected the plaintiff applied to the supreme court for an order requiring the defendant to pay a reasonable amount for her support and counsel fees.
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From Multnomah: John B. Cleland, Judge. Suit by Mary O’Brien against John O’Brien for a divorce because of alleged cruel and inhuman treatment rendering life burdensome, under Hill’s Ann. Laws, § 495, subd. 6. Defendant appealed from the decree. After the appeal had been perfected the plaintiff applied to the supreme court for an order requiring the defendant to pay a reasonable amount for her support and counsel fees. The application was denied, and, on final hearing, the decree was affirmed. On Motion for Alimony.
1Opinion of the CourtJustice Bean
1. This is an application on behalf of the respondent for an order requiring the appellant to pay such a sum of money as the court may deem reasonable for her support pending the appeal, and for counsel fees and expenses. The petitioner is met at the outset with the objection, which we think well taken, that the relief sought is not within the jurisdiction of this court. The constitution provides that “the supreme court shall have jurisdiction only to revise the final decisions of the circuit courts : ’ ’ Const. Or., Article VII, § 6. It is therefore strictly an appellate tribunal, and it is…
2Cases cited4 opinions
- Lake v. LakeNevada Supreme Court · 1882
- Reilly v. ReillyCalifornia Supreme Court · 1882
- Goldsmith v. GoldsmithMichigan Supreme Court · 1859
- Pleyte v. PleyteSupreme Court of Colorado · 1890
3Cited by16 opinions
- Hengen v. HengenOregon Supreme Court · 1917
- Edwards v. EdwardsOregon Supreme Court · 1951
- Taylor v. TaylorOregon Supreme Court · 1914
- Thomsen v. ThomsenOregon Supreme Court · 1929
- White v. WhiteOregon Supreme Court · 1920
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